Broadcaster iGrab 1.0

EULA - End User License Agreement

SOFTWARE LICENSE BROADCASTER IGRAB SOFTWARE LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY: THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT" OR “SOFTWARE LICENSE” ) IS AN AGREEMENT BETWEEN BROADCASTER, INC. ("BROADCASTER", “IGRAB” or “LICENSOR”) AND YOU (“LICENSEE” OR “YOU”) FOR THE USE OF THE IGRAB SOFTWARE APPLICATION, VERSION I. ( THE “IGRAB SOFTWARE” OR THE “LICENSED SOFTWARE”). YOU MUST ENTER INTO THIS AGREEMENT IN ORDER TO DOWNLOAD THE LICENSED SOFTWARE AND USE THE RESULTING SERVICES. BROADCASTER RESERVES THE RIGHT TO CHANGE, EDIT OR MODIFY THE SOFTWARE LICENSE OF THIS SOFTWARE LICENSE AND ANY OF THE POLICIES GOVERNING THE SERVICES, AT ANY TIME IN ITS SOLE DISCRETION, WITHOUT DIRECT NOTICE TO YOU. YOUR CONTINUED USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES, EDITS OR MODIFICATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE IGRAB SOFTWARE. The iGrab software and any and all resulting services are not intended for use by persons under the age of thirteen (13) living in the United States. IF YOU ARE UNDER 13 YEARS OF AGE AND LIVE IN THE UNITED STATES, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY BROADCASTER SOFTWARE AND YOU MAY NOT ACCESS THE SERVICES. 1. SOFTWARE LICENSE A. The Software License is a non-exclusive, non-transferable license granted for a specific period of time to the individual Licensee, and no other. 2. VALID USE OF LICENSE A. The Software License and Key are provided for your exclusive use only, for your computer(s) and for your personal use and enjoyment. Accordingly, you may not assign or transfer the License or the Key to any other person or entity. You are hereby granted a license to download three copies of the Software (total of three installs only) for such purposes only. Commercial use of the Software, or any materials located within the Software application, is strictly prohibited. B. You may not modify any of the materials or files found within the Licensed Software application; create any derivative works from the Software; use the Software for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks thereon; attempt to disable the Software by any means or in any manner; attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Software to any other party; or transfer any material located within the Software to any other person. 3. RESELLERS Broadcaster is in the business of developing and designing the Software only. Broadcaster has various re-sellers and affiliated companies that sell the Software to consumers. Any and all billing issues should be directed to the re-seller or affiliated company that the purchase was made through. The terms detailed herein only provide for the use of the Software, and not any related billing issues. 4. PROPRIETARY RIGHTS A. You acknowledge and agree that Broadcaster owns all right, title, and interest in and to the Software. You agree that you shall take no action that might jeopardize, limit, or interfere in any way with Broadcasters ownership or other rights regarding the Software. You acknowledge that the Software is protected by copyright and other intellectual property laws, and by international treaties. 5. AUTO UPDATE Minor Updates: Due to the ever-changing and evolving natures of media players, browsers, and other software distributed on the Internet, Broadcaster may, as necessary and as applicable, update, renew and revise source code and backend codes of the Software. This insures that the Software is optimized for full functionality and performance. You hereby acknowledge and consent that Broadcaster may make such updates, renewals and revisions, and that Broadcaster does not have to inform or otherwise notify you of such updates, renewals or revisions. Any such updates, renewals and revisions shall be subject to this software license. B. Software Version Upgrades: Broadcaster may periodically and at any time install version upgrades to the Software purchased and/or otherwise installed by you. These Software upgrades insure that the Software is optimized for full functionality, technical performance, compatibility with the latest technical and general software developments and specifications, and for any other reason as Broadcaster deems necessary. You hereby acknowledge and consent to such Software version upgrades. Any such Software upgrades shall be subject to this software license. You hereby acknowledge that these Software upgrades may offer new features and resources, and that in order to take advantage and benefit from these new features and resources, you may be required to purchase, the Software upgrade. Furthermore, if you choose not to purchase the Software upgrade, you hereby understand and acknowledge that your older version of the Software may encounter incompatibilities and errors, which may limit your ability to enjoy some content. 7. SOFTWARE CONFLICTS A. Conflicts may occur with other Software applications that are already installed on your computer. The iGrab Software will report back to our servers what applications may be running on your system and will attempt to resolve these conflicts whenever possible by providing you with other necessary software that is compatible with your current system settings. These adjustments will make the iGrab software more reliable, thus providing better results for you. 8. THIRD-PARTY LINKS AND SOFTWARE A. Broadcaster may provide software or links to software to World Wide Web sites or other Internet resources. Any third-party sites or software to which Broadcaster may link or include in the Broadcaster software application are not under the control of Broadcaster and Broadcaster shall not be responsible or liable for any information, data, communications or materials available on such third-party sites or software. 10. ADVERTISEMENTS A. Broadcaster reserves the right to run advertisements and promotions based on URLs and/or search terms you enter while navigating the Internet. This service is offered as a benefit to our members to obtain useful and informative information about entertainment or other related products and services offered by our sponsors. By accepting the terms of this License, you agree that Broadcaster has the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising are subject to change and shall be determined in our sole discretion. Your business dealings with, or participation in promotions of advertisers found on or through Broadcaster, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Broadcaster will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers of the Broadcaster. 11. LIMITATION OF LIABILITY A. THE LICENSED SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND BROADCASTER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NEITHER BROADCASTER NOR ITS SUPPLIERS OR SUB-LICENSORS, IF ANY, WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE IGRAB SOFTWARE OR SUPPLEMENTAL SOFTWARE. BROADCASTER AND ITS SUPPLIERS OR SUBLICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL BROADCASTER OR ITS SUPPLIERS OR SUBLICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE DOWNLOADED SOFTWARE EVEN IF A BROADCASTER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST AND THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL BROADCASTER BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SOFTWARE, OR ANY UNAUTHROZIED USE OF THE MATERIALS AND FILES CONTAINED WITHIN THE SOFTWARE. 12. GOVERNING LAW AND GENERAL PROVISIONS A. This Agreement will be governed by the laws of the State of California, County of Los Angeles , U.S.A. , excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. B. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. C. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Broadcaster. 13. PRIVACY A. You acknowledge that by accepting the software license documented herein you are also accepting the Privacy Policy, which is incorporated herein by this reference. Please click on Privacy Policy link below to review this document.